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OHS Unit

 Workers Compensation

• What is workers compensation?
• When can you claim workers compensation?
• Who is eligible to claim workers compensation?
• How do I claim workers compensation?
• A guide for supervisors and managers
  

What is workers compensation

Workers Compensation provides injured workers with weekly payments to cover loss of earning capacity, payment of reasonable medical expenses and vocational rehabilitation expenses where necessary to assist a safe return to work.

All employers are required by law to have a workers compensation policy to protect themselves against injuries in the workplace. If an employer does not have a policy they can be prosecuted by WorkCover Authority and become liable for the cost of the claim. WORKERS COMPENSATION IS COMPULSORY.

Workers Compensation is founded on a no fault system and workers are paid for work related injuries whether they were at fault or not.

 When can you claim workers compensation?

An injury can be either physical or psychological a physical injury can also include a disease contracted while at work where the employment was contributing factor and also the aggravation of a disease where the employment was a contributing factor.

Workers compensation benefits are also payable for injuries received on a normal journey to or from work (without significant interruption or diversion) or during an authorised recess, providing the worker did not expose themselves to any abnormal risk of injury.

 Who is eligible to claim workers compensation?

A person who is a "worker" or "deemed worker" under the Workplace Injury Management and Workers Compensation Act 1998, is eligible to claim workers compensation.

Under the Act, a worker means any person who enters into or works under a contract of service or apprenticeship with an employer or a deemed worker as described by the Act.

Generally, a worker is someone who receives wages or commission regardless of the number of hours worked each week and includes workers who work away from the employer's premises.

 How do I claim workers compensation?

• Where possible report any hazardous condition, incident, injury or illness immediately, or as soon as practical to your supervisor. Initial notification of an injury can be also be made by some other person acting on your behalf, such as the treating doctor. All incidents should be reported by the end of the working day, and an incident report form completed within 24
• Seek first aid &/or medical treatment where indicated.
• Obtain a WorkCover medical certificate from your doctor and request they include any recommendations regarding capacity for work.
• Present any documentation relevant to you workers compensation &/or in return to work process (eg: medical certificates, leave forms) to their supervisor or as soon as possible.
• Contact the OHS Unit to complete a workers compensation claim form. Bring any documents or bills associated with your injury.
• If you are going to be off work for more than seven days, ask your doctor and employer about suitable duties and participate in the injury management plan to help you get back to work. You must make all reasonable efforts to return to work as soon as possible.

If a situation arises where you feel uncomfortable presenting such documentation to your direct supervisor, you may submit the documentation directly to the OH&S Units Senior Workers Compensation Administrator or through a chosen representative. (Union, WAC)

Once the OH&S unit is notified of your injury, either written or verbal, weekly payments will commence within 7 days except where there is a "reasonable excuse" for this not to occur (eg. when there is insufficient medical information or the injury is not work related).

Your claim will initially be accepted "provisionally". While this is not an acceptance of liability on behalf of the University it lessens the impact of injury and illness on you while a determination is made by the Senior Workers Compensation Administrator to accept or deny your claim. Provisional payments can continue up to a maximum 12 weeks. There is also a provision for the payment of medical expenses up to $5000.

To learn more about the University's strategy to manage work related injuries please read the Injury Management Program [PDF 177]

Related Links

WorkCover

Workers Compensation and Injury Management Act 1998

Workers Compensation Act 1987

OH&S Act 2000

 Need more information? Please call the OH&S Unit on extension 3931.